Constitution Jeffersons Manual And Rules Of the House Of Representatives Of The United States Eighty Seventh Congress

86th Congress, 2d Session House Document No. 459

CONSTITUTION
JEFFERSON'S MANUAL

AND

RULES OF THE HOUSE OF
REPRESENTATIVES

OF THE UNITED STATES

EIGHTY-SEVENTH CONGRESS
By

LEWIS DESCHLER, J.D., M.P.L., LL.D.

PARLIAMENTARIAN

UNITED STA1
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1961

Por sale by the Superintendent of Documents, U. S. Government Printing Office
Washington 25, D. O. - Price $2.00 (paper cover)

HOUSE RESOLUTION NO. 644

IN THE HOUSE OF REPRESENTATIVES

September 1, 1960.

Resolved, That a revised edition of the Rules and Manual
of the House of Representatives for the Eighty-seventh Con-
gress be printed as a House document, and that one thousand
six hundred additional copies shall be printed and bound
for the use of the House of Representatives, of which seven
hundred copies shall be bound in leather with thumb index
and delivered as may be directed by the Parliamentarian
of the House for distribution to officers and Members of
Congress.

Attest:

RALPH R. ROBERTS,

Clerk.

PEEFACE

The parliamentary practice of the House of Representa-
tives emanates from four sources: First, the Constitution of
the United States; second, from Jefferson's Manual; third,
from the rules adopted by the House itself from the beginning
of its existence; and, fourth, from the decisions of the Speak-
ers of the House and from decisions of the Chairmen of the
Committee of the Whole.

In the early history of the House the membership of that
body frequently found it difficult to accomplish the purposes
upon which they had determined. The Constitution directed
the House to do certain things in a specified manner, and to
do things not set forth specifically it gave the House carte
blanche to make such rules as it thought necessary to carry
out the purposes of a legislative body. The early Congresses,
therefore, naturally borrowed from the English Parliament
many of its practices. In the years following, these practices
were adapted to meet the needs of our then youthful House.
Special needs of the House have caused some of the motions
adopted from the English system to lose their original form
and purpose. They have evolved into a distinctly American
system of procedure.

In the years from 1797 to 1801 Thomas Jefferson, then
Vice President of the United States and President of the
Senate, prepared the notable work which has come to be
known as Jefferson's Manual. This work contributed
greatly to the procedure of the House, although it was not
until 1837 that the House finally adopted a rule, which is
still in existence, permitting the provisions of the Manual "to
govern the House in all cases to which they are applicable/7

From the beginning of the First Congress the House has
formulated rules for its procedure. Some of them have
since gone out of existence. More of them have been ampli-
fied and broadened to meet the exigencies that have arisen
from time to time. Today they are perhaps the most
finely adjusted, scientifically balanced, and highly technical

[v]

PREFACE

rules of any parliamentary body in the world. Under them
a majority may work its will at all times in the face of the
most determined and vigorous opposition of a minority.

The rulings of the Speakers of the House and of the
Chairmen of the Committee of the Whole are to the rules of
the House what the decisions of the courts are to the statutes.
It is rare, indeed, for a question to arise that has not been
decided at some prior time. All of these decisions have been
embodied in the monumental work of the Hon. Asher C.
Hinds and the Hon. Clarence Cannon, former Parliamen-
tarians of the House. These rulings, which aggregate more
than 11,000 in number, cover practically every situation that
may arise.

I believe that I am not making too broad a statement
when I say that the parliamentary practice of the House is a
system of procedure that ranks second to none. It has
proven adequate to meet all the emergencies that have
arisen in the past. It will meet the emergencies and prob-
lems of the future with the same degree of success.

Rulings of the Speakers and Chairmen of the Committee
of the Whole which are of significance have been inserted
under the rule which governed the decision of the Chair.

References are to Hinds' (IV, 600) and Cannon's Prec-
edents (VI, 100), the Congressional Record (January 3,
1953, p. 400), the United States Reports (403 U. S. 69), and
the United States Code (43 U. S. C. 54).

LEWIS DESCHLER.
JANUARY 3, 1961.

[VI]

CONTENTS.

Memorandum Order of Business, Page XI,

THE CONSTITUTION.

Page

PREAMBLE 3

ARTICLE I. — The legislative power 4

II. — The executive power.. __ 56

III. — The judicial power. _-...__. ._-. _ 65

IV.— Obligations, duties, etc., of the States 69

V. — Amendments to 75

VI— Law of the land, etc 76

VII.— Ratification of .. 81

Amendments ratified.—. 83-112

JEFFERSON'S MANUAL.

SECTION I. — Importance of adhering to rules 115

III.— Privilege.-. 118

VI.— Quorum _•__. 135

VII— Call of the House 135

IX.— Speaker _ 136

X.— Address... 138

XL— Committees 139

XIL— Committee of the Whole 143

XIIL — Examination of witnesses 150

XIV. — Arrangement of business 155

XV.— Order 157

XVL — Order respecting papers.--- 157

XVIL— Order in debate 158

XVIIL— Orders of the House 173

XIX.— Petition 176

XX.— Motions 178

XXIIL— Bills, leave to bring in 180

CONTENTS

Page

SECTION XXIV.— Bills, first reading 181

XXV.— Bills, second reading 182

XXVI.— Bills, commitment 182

XXVII. — Report of committee 192

XXVIII.— Bill, recommitment 193

XXIX. — Bill, reports taken up 194

XXX.— Quasi-committee 196

XXXI. — Bill, second reading in the House 200

XXXIL— Reading papers .._ 202

XXXIII.— Privileged questions 204 .

XXXIV. — The previous question 218

XXXV.— Amendments 222

XXXVI.— Division of the question 229

XXXVII. — Coexisting questions 232

XXXVIII. — Equivalent questions 233

XXXIX.— The question-... 236

XL.— Bills, third reading 237

XLI. — Division of the House 241

XLIL— Titles.. 248

XLIII. — Reconsideration 248

XLI V. — Bills sent to the other House 25 1

XL V. — Amendments between the Houses 25 2

XLVI. — Conferences 258

XL VIL— Messages 270

XL VIII.— Assent 274

XLIX.— Journals 277

L. — Adjournment 279

LI. — A session 281

LIL— Treaties 284

LIIL— Impeachment 288

THE RULES.

RULE I. — Duties of the Speaker 303

II. — -Election of officers 310

III. — Duties of the Clerk 311

IV. — Duties of the Sergeant-at- Arms 315

V. — Duties of the Doorkeeper 316

VI. — Duties of the Postmaster 317

VIL— Duties of the Chaplain 318

VEIL— Of the Members 318

IX. — Questions of privilege 320

[vm]

CONTENTS

Page

RULE X. — Standing committees 324

XI. — Powers and duties of committees 328

XII. — Delegates and Resident Commissioner 371

XIII. — Calendars and reports of committees 373

XIV. — Of decorum and debate 377

XV. — On calls of the roll and House 386

XVI. — On motions, their precedence, etc 393

XVII. — Previous question 411

XVIII.— Reconsideration . 416

XIX. — Of amendments 421

XX. — Of amendments of the Senate 423

XXI.— On bills 425

XXII. — On petitions, memorials, bills, and resolutions 441

XXIII. — Of Committees of the Whole House 446

XXIV. — Order of business 457

XXV. — Priority of business 472

XXVI. — Unfinished business of the session 473

XXVII. — Change or suspension of the rules 474

XXVIII. — Conference reports 482

XXIX. — Secret session 485

XXX. — Reading of papers 486

XXXI.— Hall of the House 487

XXXII.— Of admission to the floor 488

XXXIII. — Of admission to the galleries 490

XXXIV. — Official and other reporters 490

XXXV. — Pay of witnesses 495

XXXVI— Papers 496

XXXVII.— Withdrawal of papers 497

XXXVIII.— Ballot . 497

XXXIX— Messages 498

2CL. — Executive communications 498

XLI . — Qualifications of officers and employees 499

XLII. — General provisions 499

PROVISIONS OF LEGISLATIVE REORGANIZATION
ACT OF 1946 APPLICABLE TO BOTH HOUSES.

Congressional adjournment 500

Legislative budget 500

Studies and reports by Appropriations Committee 501

Preservation of committee hearings 502

[IX]

Page

MISCELLANEOUS PEOVISIONS OF LEGISLATIVE
REORGANIZATION ACT OF 1946.

Economic Report of the President 538

Improvement of Congressional Record 537

Joint Committee on Printing 525, 537

Joint Committee on the Library 525, 538

Joint Economic Committee 524, 538

Legislative Reference Service 535

Transfer of functions 538

FORMS.

Of putting questions 505

Of petitions 507

Of orders, resolutions, and bills 507

Of reports from committees 509

Of resolution providing for an investigation 511

Of special order for consideration of a bill 511

Of letters of resignation 512

Of ceremonies for deceased Members 513

Stages of a bill of the House 517

JOINT COMMITTEES.

Atomic Energy, Joint Committee on 523

Defense Production, Joint Committee on 523

Disposition of Certain Records of the United States Govern-
ment, Joint Committee for the 523

Economic Committee, Joint 524

Immigration and Nationality Policy, Joint Committee on 524

Internal Revenue Taxation, Joint Committee on 524

Library, Joint Committee of Congress on the 525, 538

Navajo-Hopi Indian Administration, Joint Committee on 525

Printing, Joint Committee on 525, 537

Reduction of Nonessential Federal Expenditures, Joint Com-
mittee on 526

MISCELLANEOUS.

Franking privilege 529

Rooms in the Office Building 529

Index 539

[x]

GENERAL ORDER OF BUSINESS.
RULE XXIV.

First. Prayer by Chaplain.
Second. Reading and approval of Journal.
Third. Correction of reference of public bills.
Fourth. Disposal of business on Speaker's table.
Fifth. Unfinished business.

Sixth. The morning hour for the consideration of bills.
Seventh. Motion to go into the Committee of the Whole House on
the state of the Union.
Eighth. Orders of the day.

SPECIAL ORDER OF BUSINESS.
MONDAYS.

First and third Mondays:

First. Consent Calendar. Rule XIII, clause 4.

Second. Motions to suspend rules. Rule XXVII, clause 1.
Second and fourth Mondays:

First. Motions to discharge committees. Rule XXVII, clause 4.

Second. District of Columbia business. Rule XXIV, clause 8.

TUESDAYS.

Bills on the Private Calendar. Rule XXIV, clause 6.

Individual private bills considered on the first Tuesday of each
month, omnibus private bills may be considered on third Tuesday of
each month.

WEDNESDAYS.

Call of committees under Calendar Wednesday. Rule XXIV, clause 7.

CONSTITUTION

§§1.2*

CONSTITUTION OP THE UNITE]) STATES; 1787.

WE THE PEOPLE of the United States, in Order to
form a more perfect Union, establish
preamble. jus^ce? ^g^e domestic Tranquility,

provide for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to our-
selves and our Posterity, do ordain and establish this
CONSTITUTION for the United States of America.

Decisions of the Supreme Court of the United States relating to the
preamble are:

Chisholm v. Georgia, 2 Ball., 419; McCulloch v.

. ecfeions °f "* s^te of Maryland et al., 4 Wh., 316; Brown et al. v.
Maryland, 12 Wh., 419; Barron v. The Mayor and
City Council of Baltimore, 7 Pet., 243; Dred Scott v. Sanford, 19 How-
ard, 393; Lane County v. Oregon, 7 Wall., 71; Texas v. White et al., 7
Wall., 700; Claflin v. Houseman, assignee, 93 TJ. S., 130; Wiliams v.
Bruffy, 96 U. S., 176; Tennessee v. Davis, 100 U. S., 257; Langford v.
United States, 101 U. S., 341; United States v. Jones,, 109 U. S., 513;
Fort Leavenworth Railroad Co. v. Lowe, 114 U. S., 525; The Chinese
Exclusion Case, 130 U. S., 581; Geofroy v. Biggs, 133 U. S., 258; In
re Neagle, 135 U, S., 1; In re Ross, 140 U. S., 453; Logan t>t United
States, 144 U. S., 263; Lascelles v. Georgia, 148 U. S., 537; Fong Yue
Ting v. United States, 149 U. S. 698; In re Tyler, 149 U. S,, 164; United
States t>. E. C. Knight Co., 156 U. S., 1; Mattox v. United States, 156
U. S., 237; In re Quarles and Butler, 158 U. S., 532; In re Debs, Peti-
tioner, 158 U. S., 564; Ward v. Race Horse, 163 U. S., 504; De Lima t>.
Bidwell, 182 U. S., 1; Prout v. Starr, 188 U. S., 537; Jacobson v. Mas-
sachusetts, 197 U. S., 11; South Carolina v. United States, 199 U. S.,
437; Ellis v. U. S., 206 U. S., 246; Dick v. U. S., 208 U. S., 340; Muller v.
Oregon, 208 U. S., 412; Youngstown v. Sawyer, 343 U. S., 579.

[3]

CONSTITUTION OF THE UNITED STATES
§|3-6.

ARTICLE I.

SECTION. 1. All legislative Powers herein granted
§3. Legislate pow- s^a^ ^e vested in a Congress of the
era Tested m con- United States, which shall consist of a
firess' Senate and House of Representatives.

Decisions of the Supreme Court of the United States:

Hayburn's case (notes), 2 DalL, 409; Field v.
Lur?.^101180^116 Clark, 143 U. S., 649; Union Bridge Co. v. United
States, 204 U. S., 364; United States v. Heinszen, 206
U. S., 370; St. Louis & Iron Mountain Railway v. Taylor, 210 U. S., 281 ;
Monongahela Bridge Co. v. United States, 216 U. S., 177; United States
v. Grimaud, 216 U. S., 614; United States v. Grimaud, 220 U. S., 506;
U. S. v. Atchison, etc., R. Co., 234 U. S., 476; Interstate Commerce
Commission v. Goodrich Transit Co., 224 U. S., 194; Kansas City
Southern R. Co. v. U. S., 231 U. S. 423; Bay City First Nat. Bank v.
Union Trust Co., 244 U. S., 416; Hannibal Bridge Co. v. U. S., 221
U. S., 194; Light v. U. S. 220 U. S., 523; Standard Oil Co. v. U. S.,
221 U. S., 1; Union Pacific R. Co. v. Snow, 231 U. S., 204; Johannessen
v. U. S., 225 U. S., 227; Myers v. United States, 272 U. S., 53; McGrain
v. Daugherty, 273 U. S., 135; Hampton & Co. v. United States 276
U. S., 394; Springer v. Philippine Islands, 277 U. S., 189; Panama
Refining Co. v. Ryan, 293 U. S., 388; Schechter Corp. v. U. S. (N. R.
A.), 295 U. S., 495.

SECTION. 2. * The House of Repre-
§5. Members chosen sentatives shall be composed of Mem-
bers chosen every second Year by the
People of the several States, * * *.

This clause requires election by the people and State authority may
not determine a tie by lot (I, 775).

The term of a Congress, before the ratification of the twentieth

amendment to the Constitution, began on the 4th

§6. Term of a Con- of March of the odd numbered years and extended

*«*»• through two years. This resulted from the action

of the Continental Congress on September 13, 1788,

in declaring, on authority conferred by the Federal Convention, "the

first Wednesday in March next" to be "the time for commencing

[4]

CONSTITUTION OF THE UNITED STATES

[ARTICLE I, SECTION 2] §7-

proceedings under the said Constitution." This date was the 4th of
March, 1789. And soon after the first Congress assembled a joint
committee determined that the terms of Representatives and Senators
of the first class commenced on that day, and must necessarily terminate
with the 3d of March, 1791 (I, 3). Under the twentieth amendment
to the Constitution the terms of Representatives and Senators begin
on the 3d of January of the odd-numbered years. By a practice hav-
ing the force of common law, the House meets at 12 m. when no other
hour is fixed (1, 4, 210) . In the later practice a resolution fixing the daily
hour of meeting at 12 o'clock meridian is agreed to at the beginning
of each session. Since the adoption of the twentieth amendment some
of the following decisions are obviously inapplicable but are retained
for their historical significance. As legislative rather than calendar
days are observed by the Houses of Congress, it has followed that
the 3d of March must extend to the hour of 12 m. on March 4, and this
hour has been fixed as that on which a Congress expires (Y, 6694r-
6697). Although the last session may be adjourned before that hour
(V, 6724, footnote) , in practice this does not happen ; and the Speaker
at the hour of 12 m., March 4, usually declares the House adjourned
sine die, without motion or vote, even interrupting a pending roll call
(V, 6715-6718). But a motion to adjourn may be put and carried
(V, 6711-6713). The Legislative Reorganization Act of 1946 (§ 940,
post) provides for sine die adjournment, except in time of war or during
a national emergency proclaimed by the President, not later than the
last day of July (Sundays excepted) each year unless otherwise provided
by the Congress.

* * * and the Electors in each
State shall have the Qualifications req-

§ 7. Electors of the ^ ^

House of Represent- uisite for Electors of the most numer-
a lves" ous Branch of the State Legislature.

The House, in the decision of an election case, has rejected votes
cast by persons not naturalized citizens of the United States, although
they were entitled to vote under the statutes of a State (I, 811); but
where an act of Congress had provided that a certain class of persons
should be deprived of citizenship, a question arose over the proposed
rejection of their votes in a State wherein citizenship in the United
States was not a qualification of the elector (I, 451). In an exceptional
case the House rejected votes cast by persons lately in armed resistance
to the Government, although by the law of the State they were qualified

62581° — H. Doc. 459, R6-2 2 [5]

CONSTITUTION OF THE UNITED STATES
§§ g-11. [ARTICLE I, SECTION 2]

voters (I, 448) ; but later, the House declined to find persons disqualified
as voters because they had formerly borne arms against the Govern-
ment (II, 879).

Decisions of the Supreme Court of the United
§8. Decisions of the gtates_

court* Ex parte Yarbrough, 110 U. S., 651; Wiley v.

Sinkler, 179 U. S., 58; U. S. v. Mosley, 238 U. S., 383.

§9. Ageasaquaii- 2 j^o person shall be a Representative

fication of the Rep- ^ - T i A

resentative. who shall not nave attained to the Age

of twenty-five Years, * * *.

A Member-elect not being of the required age, was not enrolled by the
Clerk and he did not take the oath until he had reached the required
age (I, 418).

§10. citizenship as * * * and been seven Years a Citi-
sen of the United States, * * *.

Henry Ellenbogen, of Pennsylvania, who had not been a citizen
seven years, was elected to the Seventy-third Congress but did not take
the oath until the beginning of the second session to meet the Constitu-
tional requirement. A native of South Carolina, who had been abroad
during the Revolution and on his return had not resided in the country
seven years, was held to be qualified as a citizen (I, 420). A woman
who had forfeited her citizenship through marriage to a foreign subject
and later resumed it through naturalization less than seven years prior
to her election was held to fulfill the constitutional requirement as to
citizenship to a seat in the House (VI, 184) . A Member who had long
been a resident of the country, but who could produce neither the
record of the court nor his final naturalization papers, was nevertheless
retained in his seat by the House (I, 424) .

* * * and who shall not, when

1 11. Inhabitancy ;

as a qualification of elected, be an Inhabitant of that State

era er. .

The meaning of the word "inhabitant" and its relation to citizenship
has been discussed (I, 366, 434; VI, 174), and the House has held that a
mere sojourner in a State was not qualified as an inhabitant (I, 369),
but a contestant was found to be an actual inhabitant of the State

[6]

CONSTITUTION OP THE UNITED STATES

[ARTICLE I, SECTION 2] §12.

although for sufficient reason his family resided in another State (II,
1091). Residence abroad in the service of the Government does not
destroy inhabitancy as understood under the Constitution (I, 433).
One holding an office and residing with his family for a series of years
in the District of Columbia exclusively was held disqualified to sit as a
Member from the State of his citizenship (I, 434) ; and one who had his
business and a residence in the District of Columbia and had no busi-
ness or residence in Virginia was held ineligible to a seat from that
State (I, 436). One who had a home in the District of Columbia, and
had inhabited another home in Maryland a brief period before his
election, but had never been a citizen of any other State, was held to be
qualified (I, 432) . Also a Member who had resided a portion of a year
in the District of Columbia, but who had a home in the State of his
citizenship and was actually living there at the time of the election,
was held to be qualified (I, 435). In the Updike v. Ludlow case, 71st
Congress, it was decided that residence in the District of Columbia for
years as a newspaper correspondent and maintenance there of church
membership were not considered to outweigh payment of poll and
income taxes, ownership of real estate, and a record for consistent
voting in the district from which elected (VI, 55) , and in the same case
excuse from jury duty in the District of Columbia on a plea of citizen-
ship in the State from which elected and exercise of incidental rights of
such citizenship, were accepted as evidence of inhabitancy (VI, 55) .

It has been decided by the House and Senate that no State may add
§ 12. Qualifications to ^e qualifications prescribed by the Constitution
other than those (I, 414r-416, 632). Whether Congress may by law
specified by the establish qualifications other than those prescribed

Constitution. by the Constitution has been the subject of much

discussion (I, 449, 451, 457, 458, 478) ; but in a case wherein a statute
declared a Senator convicted of a certain offense "forever thereafter
incapable of holding any office of honor, trust, or profit under the Gov-
ernment of the United States," the Supreme Court expressed the
opinion that the final judgment of conviction did not operate, ipso
facto, to vacate the seat or compel the Senate to expel or regard the
Senator as expelled by force alone of the judgment (II, 1282) . Whether
the House or Senate alone may set up qualifications other than those of
the Constitution has also been a subject often discussed (I, 414, 415,
443, 457, 458, 469, 481, 484). The Senate has always declined to act
on the supposition that it had such a power (I, 443, 483), and during
the stress of civil war the House of Representatives declined to exercise
the power, even under circumstances of great provocation (I, 449, 465).

[T]

CONSTITUTION OF THE UNITED STATES
§§ 13-15. [ARTICLE I, SECTION 2]

But later, in one instance, the House excluded a Member-elect on the
principal argument that it might itself prescribe a qualification not
specified in the Constitution (I, 477).

Both Houses of Congress have decided, when a Member-elect is

found to be disqualified, that the person receiving

§13. Minority candi- the next highest number of votes is not entitled to

interned ^mbe^T the S6at (I' 323> 32?' 45°' 463> 469j VI> 58' 5^'
disqualified even in a case wherein seasonable notice of the dis-

qualification was given to the electors (I, 460). In
the event of the death of a Member-elect, the candidate receiving the
next highest number of votes is not entitled to the seat (VIj 152) .
Decisions of the Supreme Court of the United States :
Texas v. White, 7 Wall., 721; Boyd v. Nebraska, 143 U. S., 135.

3 [Representatives and direct Taxes shall be appor-
tioned among the several States which

§ 14. The old provision -, • 111 • , i • . i • TT •

for apportionment of may be included within this Union,
according to their respective Numbers,
^^k shaii be determined by adding
to the whole Number of free persons, including
those bound to Service for a Term of Years, and ex-
cluding Indians not taxed, three fifths of all other
Persons.] * * *

The part of this clause relating to the mode of apportionment of
Representatives was changed after the Civil War by section 2 of the
Fourteenth Amendment and as to taxes on incomes without appor-
tionment, by the Sixteenth Amendment.

* * * The actual Enumeration shall be made within
§15. census as a three Years after the first Meeting of

the Congress of the United States, and
apportionment. within every subsequent Term of ten
Years, in such Manner as they shall by Law direct.
The Number of Representatives shall not exceed one
for every thirty Thousand, but each State shall have
at Least one Representative; and until such enumera-
tion shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight,
Rhode-Island and Providence Plantations one, Con-

[8]

CONSTITUTION OP THE UNITED STATES

[ARTICLE I, SECTION 2] §§ 16-18.

necticut five, New- York six, New Jersey four, Penn-
sylvania eight, Delaware one, Maryland six, Virginia
ten, North Carolina five, South Carolina five, and
Georgia three.

In the First Congress the House had 65 Members. The census was
taken first in 1790 and every 10 years since, and each time, except in
1920, has been followed by reapportionment. Membership of the
House increased following each census, except that of 1840, until 1913
when the number 435 was attained (VI, 39-40). The Act of June 18,
1929 (46 Stat. 26), as amended by the Act of November 15, 1941 (55
Stat. 761), provides for automatic apportionment of the number (435)
of Members among the States according to the new census (VI, 41-43).
Public Laws 85-508 (72 Stat. 339, 345) and 86-3 (73 Stat. 4, 8)
temporarily increased House membership to 437 upon admission of
Alaska and Hawaii into the Union until the taking effect of the next
reapportionment on January 3, 1963.

Decisions of the Supreme Court of the United States :
Dred Scott v. Sandford, 19 Howard, 393; Veazie Bank v. Fenno,
8 Wall., 533; Scholey v. Hew, 23 Wall., 331; De
§16. Decisions of Treville v. Smalls, 98 U. S., 517; Gibbons v. District
eCOUr" of Columbia, 116 U. S., 404; Pollock v. Farmers,

Loan & Trust Co. (Income Tax case), 157 U. S., 429; Pollock v. Farm-
ers' Loan & Trust Co. (Rehearing), 158 U. S., 601; Thomas v. United
States, 192 U. S., 363; Flint v. Stone Tracy Co., 220 U. S., 107; Cor-
poration Tax cases, 220 U. S., 107; Eisner v. Macomber, 252 U. S., 189;
New York Trust Co. v. Eisner, 256 U. S., 345.

4 When vacancies happen in the Representation
§17. writs for from any State, the Executive Au-
±lncfes£ thority thereof shall issue Writs of

representation. Election to fill such vacancies.

Vacancies are caused by death, resignation, declination, withdrawal,
or by action of the House in declaring a vacancy as existing or causing
one by expulsion.

It was long the practice to notify the executive of the State when a
vacancy was caused by the death of a Member dur-
ing a session (n> H98-1202); but since improve-
ments in transportation have made it possible for
deceased Members to be buried at their homes it has been the practice
for State authorities to take cognizance of the vacancies without notice.
When a Member dies while not in attendance on the House or during
a recess the House is sufficiently informed of the vacancy by the
credentials of his successor, when they set forth the fact of the death

[9]

CONSTITUTION OF THE UNITED STATES
§ 19. [ARTICLE I, SECTION 23

(I, 568). The death of a Member-elect creates a vacancy, although, no
certificate may have been awarded (I, 323), and in such a case the
candidate having the next highest number of votes may not receive
the credentials (I, 323; VI, 152). A Member whose seat was contested
dying, the House did not admit a claimant with credentials until con-
testant's claim was settled (I, 326); where a contestant died after a
report in his favor, the House unseated the returned Member and de-
clared the seat vacant (II, 965), and in a later case the contestant hav-
ing died, the committee did not recommend to the House a resolution
it had agreed to declaring he had not been elected (VI, 112).

In recent practice the Member frequently informs the House by letter
that his resignation has been sent to the State execu-
tive (I1' H67-1176) and this is satisfactory evidence
of the resignation (I, 567) but Members have re-
signed by letter to the House alone, it being presumed that the Member
would also notify his Governor (VI, 226) , and where a Member resigned
by letter to the House the Speaker was authorized to notify the Gover-
nor (Nov. 27, 1944, p. 8450; July 12, 1957, p. 11536). Where a Mem-
ber does not inform the House the State executive may do so (II, 1193,
1194; VI, 232). But sometimes the House learns of a Member's
resignation only by means of the credentials of his successor (II, 1195,
1356). Where the fact of a Member's resignation has not appeared
either from the credentials of his successor or otherwise, the Clerk has
been ordered to make inquiry (II, 1209), or the House has ascertained
the vacancy from information given by other Members (II, 1208).
It has been established that a Member or Senator may resign, appoint-
ing a future date for his resignation to take effect, and until the arrival
of the date may participate in the proceedings (II, 1220-1225, 1228,
1229; VI, 227, 228). In one case a Member who had resigned was not
permitted by the House to withdraw the resignation (II, 1213), but the
House permitted it later in another case (VI, 229) . Acceptance of the
resignation of a Member of the House is unnecessary (VI, 65, 226) , and
the refusal of a Governor to accept a resignation cannot operate to
continue membership in the House (VI, 65). Only in a single excep-
tional case has the House taken action in the direction of accepting a
resignation (II, 1214). Sometimes Members who Jiave resigned have
been reelected to the same House and taken seats (II, 1210-1212, 1256).
A Member who has not taken his seat has resigned (II, 1231). A letter
of resignation is presented as privileged (II, 1167-1176); but a resolu-
tion to permit a Member to withdraw his resignation was not so
treated (II, 1213). The Speaker having been elected Vice President
and a Representative of the succeeding Congress at the same election,

[10]

CONSTITUTION OF THE UNITED STATES

[ARTICLE I, SECTION 2] §§20-25.

transmitted to the Governor of his State his resignation as a Member-
elect (VI, 230, 453).

A Member who has been elected to a seat may decline to accept it,
and in such a case the House informed the executive
of the State of the vacancy (II, 1234). The House
has decided an election contest against a returned
Member who had not appeared to claim the seat (I, 638). In one
instance a Member-elect who had been convicted in the courts did not
appear during the term (IV, 4484, footnote) .

At the time of the secession of several States, Members of the House
from those States withdrew (II, 1218). In the
Senate, in cases of such withdrawals, the Secretary
was directed to omit the names of the Senators from
the roll (II, 1219), and the act of withdrawal was held to create a
vacancy which the legislature might recognize (I, 383) .

Where the House, by its action in a question of election or otherwise,
creates a vacancy, the Speaker is directed to notify

§22. Vacancy by ^ Executive Qf the gtate (j 5Q2 709 824; n ^OS-

action of the House. -AA-v A , ,. , 1 ^ J '

1205). A resolution as to such notification is pre-
sented as a question of privilege (III, 2589).

The House declines to give prima facie effect to credentials, even
though they be regular in form, until it has ascer-

§ 23. Questions as to tamed whether or not the geat ig vacant (I, 322, 518,
the existence of a . , _ ' ' '

vacancy. ^65, 569), and a person returned as elected at a sec-

ond election was unseated on ascertainment that
another person had actually been chosen at the first election (I, 646).
The term "vacancy" as occurring in this paragraph of the Consti-
tution has been examined in relation to the functions
§24. Functions of of the State executive (I, 312, 518). A federal law
the state executive empowers the States and Territories to provide by

in filling vacancies. , ,, ,. „ , , . /T -f/»\

law the tunes of elections to fill vacancies (I, 516);
but an election called by a governor in pursuance of constitutional au-
thority was held valid although no state law prescribed time, place, or
manner of such election (I, 517). Where two candidates had an equal
number of votes, the governor did not issue credentials to either, but
ordered a new election after they had waived their respective claims
(I, 555).

§ 25. Term of a ^ member elected to fill a vacancy serves no longer

Member elected to time than the remainder of the term of the Member
mi a vacancy. whose place he fills (I, 3).

(Ill

CONSTITUTION OF THE UNITED STATES
§§26-28. [ARTICLE I, SECTION 2]

5 The House of Representatives shaR
thesp^kerand chuse their Speaker and other Officers;

other officers. $. ^ %

The officers of the House are the Speaker, who has always been one of
its Members and whose term as Speaker must expire with his term as a
Member; and the Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster,
and Chaplain (I, 187), no one of whom has ever been chosen from the
membership of the House, and who continue in office until their succes-
sors are chosen and qualified (I, 187), in one case continuing through
the entire Congress succeeding that in which they were elected (I, 244,
263). The House formerly provided by special rule that the Clerk
should continue in office until another should be chosen (I, 187, 188,
235, 244) ; and in later years the statutes have imposed on the Clerk,
Sergeant-at-Arms, and Doorkeeper duties which contemplate their
continuance (I, 14, 15).

The Speaker, who was at first elected by ballot, has been chosen by
• viva voce vote on a roll call since 1839 (I, 187),

election If Ts^ker. In 1809 the House held that a Speaker should be
elected by a majority of all present (I, 215) ; and
in 1879 it was held that a majority of all the membership of the House
was not required, but only a majority of those present if a quorum
(I, 216). On two occasions, by special rule, Speakers were chosen by
a plurality of votes; but in each case the House by majority vote
adopted a resolution declaring the result (I, 221, 222). The House
has declined to choose a Speaker by lot (I, 221) . The contest over the
election of a Speaker in 1923 was resolved after procedure for adoption
of rules for the 68th Congress had been presented (VI, 24).

The Speaker having died during the recess of Congress, the Clerk
. M xr , . at the next session called the House to order, ascer-

§ 28. Vacancies in , . , , , , , , ,

the office of Speaker, tamed the presence of a quorum, and then the
House proceeded to elect a successor (I, 234).
Speaker Joseph W. Byrns having died during a session of Congress
but not while the House was sitting, the Clerk on the following day
called the House to order and his successor, Hon. William B. Bank-
head, was elected by resolution (June 4, 1936, p. 9016). Speaker
Bankhead was the second Speaker to die during a session of the House,
although neither died while the House was sitting. The Clerk on
the following day called the House to order and Hon. Sam Rayburn
was elected by resolution (Sept. 16, 1940, p. 12231). Form of resolu-

[12]

CONSTITUTION OF THE UNITED STATES

[ARTICLE I, SECTION 2] §§29-31.

tion offered on death of a Speaker (September 16, 1940, p. 12232) and
a former Speaker (VIII, 3564). A resolution declaring vacant the
office of Speaker is presented as a matter of high constitutional privi-
lege (VI, 35) . A proposition to elect a Speaker is in order at any time
and presents a question of the highest privilege (VIII, 3383) . Speakers
have resigned by rising in their place and addressing the House (I,
231, 233), by calling a Member to the Chair and tendering the resig-
nation verbally from the floor (I, 225), or by sending a letter which
the Clerk reads to the House at the beginning of a new session (I, 232) .
When the Speaker resigns no action of the House excusing him from
service is taken (I, 232). In one instance a Speaker resigned on the
last day of the Congress, and the House elected a successor for the
day (I, 225). Instance wherein the Speaker, following a vote upon
an essential question indicating a change in the party control of the
House, announced that under the circumstances it was incumbent
upon the Speaker to resign or to recognize for a motion declaring
vacant the office of Speaker (VI, 35).

The effect of a law to regulate the action of the
§ 29. Power of House House in choosing its own officers has been discussed
to elect its officers as (IV, 3819), and such a law has been considered of
related to law. doubtful validity (V, 6765, 6766) in theory and

practice (I, 241, 242). An amendment to the
Legislative Reorganization Act of 1946 was enacted by the Eighty-
third Congress (2 TJ. S. C. § 75a-l) authorizing temporary appoint-
ments by the Speaker to fill vacancies in the offices of Clerk, Sergeant
at Arms, Doorkeeper, Postmaster, or Chaplain. Under this authority
the Speaker in the Eighty-third Congress appointed a temporary
Sergeant at Arms (January 6, 1954, p. 8).

The office of Clerk becoming vacant, it was held that the House

would not be organized for business until a Clerk
§ 30. Election of should be elected (I, 237) ; but in another instance
cierk in relation to some business intervened before a Clerk was elected
usiness. ^ ^g^ ^ the time of organization, while the

Clerk of the preceding House was yet officiating, and after the Speaker
had been elected, the House proceeded to legislation and other busi-
ness before electing a Clerk (I, 242, 244). But in one case it was held
that the law of 1789 bound the House to elect the Clerk before pro-
ceeding to business (I, 241).

* * * and [the House of Represent-

§ 31. House of Bep. . L ^

resentatives alone atlVCSJ Shall hSiVB the 8016 POWQT OI

impeaches. Impeachment.

In 1868 the Senate ceased in its rules to describe the House, acting
in an impeachment, as the "grand inquest of the nation" (III, 2126).

[13]

CONSTITUTION OF THE UNITED STATES
§§ 32^35. [ARTICLE I, SECTION 3 J

SECTION 3. l [The Senate of the United States shall
be composed of two Senators from each
votes of State, chosen by the Legislature thereof,
senators. £or ^ Years; and each Senator shall

have one Vote.]

This provision has now been changed by the Seventeenth Amend-
ment to the Constitution.

2 Immediately after they shall be assembled in

Consequence of the first Election, they

§33. Division of "* ' ^

the senate into shall be divided as equally as may be
dasses" into three classes. The Seats of the

Senators of the first Class shall be vacated at the
Expiration of the second Year, of the second Class
at the Expiration of the fourth Year, and of the third
Class at the Expiration of the sixth Year, so that
Fmin ofTa one-third may be chosen every second
canciesmthe Year; [and if Vacancies happen by
senate. Resignation, or otherwise, during the

Recess of the Legislature of any State, the Execu-
tive thereof may make temporary Appointments
until the next Meeting of the Legislature, which
shall then fill such Vacancies.]

That part of the above paragraph in brackets was changed by the

Seventeenth Amendment.

3 No person shall be a Senator who shall not have
§ 35. Qualification attained to the Age of thirty Years, and
of senators. been, nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhab-
itant of that State for which he shall be chosen.

In 1794 the Senate decided that Albert Gallatin was disqualified, not
having been a citizen nine years although he had served in the war of
Independence and was a resident of the country when the Constitution

[14]

CONSTITUTION OF THE UNITED STATES

[ARTICLE I, SECTION 3] §§86-88.

was formed (I, 428) ; and in 1849 that James Shields was disqualified,
not having been a citizen for the required time ( 1, 429) . But in 1870 the
Senate declined to examine as to H. R. Revels, a citizen under the
recently adopted fourteenth amendment (I, 430). As to Inhabitancy
the Senate seated one who, being a citizen of the United States, had
been an inhabitant of the State from which he was appointed for less
than a year (I, 437). Also one who, while stationed in a State as an
army officer had declared his intention of making his home in the State,
was admitted by the Senate (I, 438). A Senator who at the time of
his election was actually residing in the District of Columbia as an
officeholder, but who voted in his old home and had no intent of making
the District his domicile, was held to be qualified (I, 439).

4 The Vice President of the United
L^^ws^te.681" States shall be President of the Senate,
but shall have no Vote, unless they be
equally divided.

The right of the Vice-President to vote has been construed to extend
to questions relating to the organization of the Senate (V, 5975), as the
election of officers of the Senate (V, 5972-597